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I recently sold a custom “spec” home. In our contract, we agreed specifically in writing that I would build “floor to ceiling bookshelves” in some alcove spaces. Subsequently, the homeowners said they wanted cabinetry and countertops and mouldings in these same areas, in addition to the bookshelves. Now they are threatening legal action. Are there any industry standards for definitions of bookshelves? Is what they are asking for commonly referred to as “bookcases”?
PLEASE HELP!!!
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Anthony,
What's the definition of scam artist?
I don't know of any specific definition out there, but it sounds like these people are trying to get something for nothing. If the contract says "floor to ceiling bookshelves" I don't know how any judge could rule that they are owed mouldings, countertops, and cabinets...........but then again, Im not a lawyer. If you know one I would ask him/her to take a look at your contract.
Good luck
Greg
*Anthony,
Joseph FuscoView Image"The price of apathy towards public affairs is to be ruled by evil men." -- Plato
*Realistically, the threat of legal action is trifling over such a small item. They'd spend more in legal fees than the dispute is worth. It sounds to me like you had a breakdown in communication, and then things got nasty. Too many people say "I'll sue!" without thinking about it very hard. Are they unhappy with the house in general? Buyer's remorse?If I understand you right, the contract specified floor-to-ceiling bookshelves. A little vague -- what are they going to be made of and such -- but no ordinary person would read "cabinetry and countertops and mouldings" (well, maybe mouldings, depending on the style of the place) into that. In law the common meaning governs and it's irrelevant whether a party assigns some bizarre secret meaning to the words (e.g., "it depends of what you definition of 'is' is" under oath gets you fined for perjury). You ought to figure out why the customers think different. Just say you don't understand, you'll fix it if you made a mistake, but could they show you where anything was written or stated promising such a thing. Obviously it's pretty important that you maintain a decent business relationship or they'll complain about every last detail for as long as they can find your phone number. Maybe offer the stuff added they want at a fair market price, or even at cost. Try to smile. (ha-ha)When I think bookcase, incidentally, I think cabinetry, that is a freestanding piece of furniture, or possibly built-in. Bookshelves are ... uh, shelves for books. Take your dictionary along with you. Merriam-Webster says:>Main Entry: book·shelf>Pronunciation: -"shelf>Function: noun>Date: 1818>: an open shelf for holding books
*I have to agree with andrewd. The problem seems to be with the definition of bookshelves/bookcases. Well, the real problem is with clients that want something for nothing, and feel home buyers are more important than home builders. But, I refer to the Wordsworth Dictionary of Furniture: BOOKCASE: "Case furniture form for storing books, consisting of tiers of shelves that are either open or enclosed by doors. Free standing bookcases appeared in late Byzantine furniture." "Smaller and simpler bookcases such as we know today appear in the late 19th century."You may want to ask when your clients when they were born:)Best of luck with your problem.cms
*Do you get the feeling they are gonna pull this again on other items in the house? If so, and they really want these doors and countertops, you might use them as a negotiating tools against other extras. - jb
*Book shelves are shelves for books.. Book cases are cabinets... They are not the same... Next time specify as to what they want. Just shelves or a book case [cabinet] I don't think there will be a big problem in court, except judges tend to make both sides lose in cases like this. Everone will come away as a loser.. Might talk to them and come up with a remedy rather than go to court.. You will pay $100 per hour or more for a lawyer to come to a legal desision in court.. L. Siders
*I agree with andrew. The way the contract is written is fairly vague, and it has to be construed in terms of the level of construction otherwise. If there are moldings around everything, then the book shelves should get moldings. Frankly, this really doesn't seem the kind of thing that should have turned into this bad a fight, unless what the customer is demanding is far off from the nature of the rest of the construction. Also, you're working on the finish, so if they haven't been trying to beat you up throughout the job, maybe calling them scam artists is a bit unfair. Maybe, they had a different vision than you did and you if they're vision isn't inconsistent with what you put into the house, they're not nearly as far off base as it seems.SHG
* SHG,
Joseph Fusco View Image
*It's a good question Joe. The answer is that when interpreting a vague description, it can be presumed that the level of finish will be consistent with the level surrounding it. We're talking here about floor to ceiling book shelves. It sounds implicit that they are built-ins, and should bear the same characteristics as what surrounds it. If it was to be more, or less, it should have been specified. Since this is a custom spec house, I would guess (cause I don't know) that it has a better level of trim, including some decent base and crown moldings. For the bookshelves to be built in, they too should have the same molding. Whether or not they would have doors is a little more questionable, and a counter is not a book shelf. But I'm questioning why this got out of hand. Are they asking for granite counters? Raised panels? What's the level of work here, for if this is a 10,000 sf with ten layers of crown molding, it may well not be a big deal for the customer to expect better than some basic low rent bookcases. This we don't know. But the legal aspects of contract interpretation remains the same, and the contract is construed against the party who drew it.SHG
*The theat of legal action is a red flag. Do they have a history of litigation. Usually, if they do, they like to brag about it. Think back over your other conversations. If they have a history, you'd better start reviewing your contract documents, change orders, diary notes, etc. and have an Attorney review your contract. if you have to build what they want, you want some type of release so you will get paid when you're done. DON"T go to litigation if you can help it. It's a crap shoot, and you probably won't even get a court date for two years.Do you have an Arbitration Clause, does your state allow Arbitration ? How does your contract address disputes ? You are a "Contractor" right ? You wrote the contract. The courts usally give weight to the other party that did not write the contract in the grey areas.If you don't have a good contract (mine is one page plus Specs) , you might ask you Homebuilder's / Remodeler's Association for some samples. You do belong to an Association don't you?If these are the customers from hell, you've got to figure out a strategy to make this go away so you can get on with your business and your life.Good Luck.
*SHG,
Joseph FuscoView Image
*I hate it when a job gets to this point.....I usually give in and give them what they want, lick my wounds, and spell it out real clear next time....I would rather have a good name than riches. If they cant talk bad about you and they have no ammunition that may help you get the next job....
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I recently sold a custom "spec" home. In our contract, we agreed specifically in writing that I would build "floor to ceiling bookshelves" in some alcove spaces. Subsequently, the homeowners said they wanted cabinetry and countertops and mouldings in these same areas, in addition to the bookshelves. Now they are threatening legal action. Are there any industry standards for definitions of bookshelves? Is what they are asking for commonly referred to as "bookcases"?
PLEASE HELP!!!